Walk It Through: The Split
One year apart, the child's interest and welfare, and an equal division unless inequitable.
A pharmacist, married for years with one child, decides the marriage is over and asks what it takes to file.
Two things a person in this spot might do. Picking one shows what the law says about it.
One marriage and one house. Alimony, child support, and service by publication are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Dependent spouseThe spouse alimony is paid to, on the court's finding that one spouse is dependent, the other supporting, and an award is equitable.
- Equitable distributionThe court's division of marital and divisible property, equal by net value unless an equal division is not equitable.
- Separate and apartThe ground for divorce: either spouse may get one once they have lived separate and apart for one year and either has lived in the state for six months.
- Domestic violenceCausing or attempting bodily injury, placing someone in fear of imminent serious bodily injury or continued harassment, or a sexual offense, against a person by someone with whom they have or had a personal relationship.